Saurav Kumar Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12261 of 2023 Arising Out of PS. Case No.-365 Year-2022 Thana- BAHERI District- Darbhanga ====================================================== SAURAV KUMAR CHAURASIYA S/O RAMASHISH CHAURASIYA Resident of Village- Sanjat, P.S.- Bhagwanpur, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 10.11.2022 in connection with Baheri P.S. Case No. 365 of 2022, F.I.R. dated 09.11.2022 for the offences punishable under Sections 413, 414, 379, 467, 468, 471/34 of the Indian Penal Code.

According to prosecution case, on 09.11.2022, the informant alongwith other police force were on patrolling duty and when reached at Shankar Rohar Chowk he saw a white color Bolero vehicle and on search nothing incriminating was found but when driver was asked to produce paper regarding ownership he replied that it is with owner. It is further alleged that the driver disclosed his name as Saurav Kumar Chaurasiya

2/4 to whom informant directed to call owner of the vehicle but owner of the vehicle did not turned up. Thereafter, the informant contacted Transport Department on mobile then it was reported that the vehicle belong to one Pankaj Kumar. The Chassis number and engine number of the vehicle were differing and the petitioner did not explain regarding same number of two vehicle.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis that the petitioner has not produced the valid paper of the vehicle in question. He further submits that the petitioner has hired the vehicle in question from one Pankaj Chaurasia and he has no knowledge whether the vehicle is theft or not but it appears from the Annexure-3 that one Raja Babu has transferred the vehicle in question to one Sumanji Jha on 10.01.2023 and there is no F.I.R. was lodged by the owner of the vehicle in question with respect to theft of the vehicle. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 10.11.2022.

The learned Additional Public Prosecutor for the State

3/4 has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- VII, Darbhanga in connection with Baheri P.S. Case No. 365 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail

4/4 bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T